Potash

Mark Potash

Associate
Boston

I help companies of all sizes and stages of development negotiate complex technology and commercial transactions.

Mark Potash advises life sciences and technology companies on a broad range of corporate matters and transactions involving intellectual property, including licenses, collaborations, mergers & acquisitions and joint ventures. His practice focuses on drafting and negotiating complex collaboration and license agreements, as well as development, supply, distribution, manufacturing, services and other commercial agreements, for both established and emerging companies.

Mark has substantial experience negotiating software license and software-as-a-service agreements. He also advises public and private companies on a range of corporate matters, including corporate formation, financings and general corporate governance matters. 

Mark currently serves as a member of the firm’s Hiring Committee.

Education

  • Boston College Law School, J.D., magna cum laude, Order of the Coif, 2015
  • Boston College, B.S., summa cum laude, Scholar of the College, 2012

Bar and Court Admissions

BAR ADMISSIONS
  • Massachusetts

Experience

LIFE SCIENCES

  • MedRhythms in a license agreement with Biogen (Nasdaq: BIIB) to develop and commercialize MR-004, an investigational prescription digital therapeutic for the potential treatment of gait deficits in multiple sclerosis, for $120.5 million in upfront and potential milestone payments, plus royalties
  • Intellia Therapeutics (Nasdaq: NTLA), in a cross-border collaboration with SparingVision using Intellia’s proprietary CRISPR/Cas9 platform to develop new gene therapies directed to up to three ocular targets, for a 10% equity ownership stake in SparingVision, milestone payments of up to approximately $200 million per product, and royalties, as well as an option to US commercialization rights for two of three targets 
  • Ginkgo Bioworks (Nasdaq: DNA) in various collaboration and license agreements, including:
    • with Novo Nordisk (NYSE: NVO) to create novel expression hosts for pharmaceutical products addressing diabetes and other serious chronic diseases
    • with Microba Life Sciences (ASX: MAP) to identify single-strain, live bacteria product candidates for use against autoimmune diseases
    • with Agenus (Nasdaq: AGEN) and its subsidiary SaponiQx to develop saponin molecules for high-efficacy and long-lasting protection for pandemic vaccines
    • with Cambium Biomaterials for the development and commercialization of sustainable biomaterials for use in applications across a range of industries
    • with Givaudan to accelerate development and enhance Givaudan's portfolio of taste and scent ingredients
    • with Sumitomo Chemical Co. to significantly increase the production efficiency and sustainability of a key bio-based commercial product
    • with Biogen (Nasdaq: BIIB) to develop a next-generation recombinant adeno-associated virus (AAV) production platform
  • Ginkgo Bioworks (Nasdaq: DNA) in the launch of Concentric by Ginkgo, the company’s public health and biosecurity initiative, to provide COVID-19 testing solutions to states, cities and school districts
  • Alloy Therapeutics in multiple matters, including:
    • in the formation of Broadwing Bio LLC, a joint venture with Maze Therapeutics to develop targeted antibody therapies for the treatment of ophthalmic diseases
    • its $75 million Series C financing, led by 8VC, Presight Capital and Peter Thiel
  • Dicerna Pharmaceuticals (Nasdaq: DRNA) in multiple collaboration and license agreements, including:
    • a global collaboration agreement with Novo Nordisk A/S to discover and develop novel therapies for the treatment of liver-related cardio-metabolic diseases
    • a global collaboration and license agreement in excess of $1.67 billion in upfront and milestone payments, plus royalties, with Roche to develop and commercialize a treatment for chronic Hepatitis B Virus (HBV) infection
    • a global licensing and research collaboration with Eli Lilly focused on potential new medicines in the areas of cardio-metabolic disease, neurodegeneration and pain
    • a collaboration with Alexion Pharmaceuticals to discover and develop RNA interference therapies for complement-mediated diseases
  • Personalized health network PatientsLikeMe in its investment and partnering agreements with digital life company iCarbonX

TECHNOLOGY

  • Motional, a global leader in driverless technology, in a landmark agreement with Lyft (Nasdaq: LYFT) to launch a multimarket robotaxi service in major US cities
  • Position Imaging, a technology company focused on innovations to improve the logistics industry, in a landmark partnership with global technology firm Hitachi-LG Data Storage, Inc.
  • Rental platform Zumper in multiple financing rounds, including:
    • its $60 million Series D round led by e.ventures
    • its $46 million Series C financing led by Axel Springer and Stereo Capital
    • its $17.6 million Series B funding led by Breyer Capital and Foxhaven Asset Management, including follow-up funding from existing investors
  • Cybersecurity company GreatHorn in multiple transactions, including:
    • a $13 million funding round co-led by RRE Ventures and .406 Ventures
    • its $6.3 million Series A financing led by Techstars Venture Capital Fund and .406 Ventures

Honors & Involvement

HONORS
  • The Best Lawyers in America: Ones to Watch
  • Boston College Law Review, Articles Editor
INVOLVEMENT
  • Boston Bar Association, Member
  • Massachusetts LGBTQ Bar Association, Member